Employment Rights Bill: consultations launched as bill rejected by House of Lords

Posted: 29/10/2025

On Tuesday 28 October, the House of Lords refused to accept a number of the government's proposals in the Employment Rights Bill, most significantly in relation to day one unfair dismissal rights and guaranteed hours contracts. This unexpected development means that the bill will have to be debated again in the House of Commons, leaving continued uncertainty as to when it will be enacted and the final form it will take.

Prior to this setback, at the end of last week, the government launched four public consultations which focus on four key areas of the bill: trade union access to workplaces, employers' duties to inform workers of union rights, enhanced protections for pregnant workers and new mothers, and a new entitlement to bereavement leave.

Trade union access to workplaces

This consultation outlines the new statutory right for trade unions to access workplaces, both physically and digitally, in order to meet, support, and organise workers. The government is seeking views on:

• the process by which unions should request access and how employers should respond;
• the role of the Central Arbitration Committee (CAC) in resolving disputes; and
• the criteria for determining fines where access agreements are breached.

This proposal is part of a broader package of trade union reforms, which also includes electronic balloting and simplified recognition procedures. The consultation closes on 18 December 2025.

Duty to inform workers of union rights

Employers will be required to provide a written statement informing workers of their right to join a trade union, both at the start of employment and at regular intervals thereafter. This second consultation invites feedback on:

• the format and content of the statement; and
• the method of delivery and frequency of re-issue.

This new duty is expected to be supported by an updated ACAS Code of Practice, which will also address the rights of trade union representatives. The consultation also closes on 18 December 2025.

Enhanced protections for pregnant workers and new mothers

This proposal would make it unlawful to dismiss pregnant employees, those on maternity leave, and new mothers for a period of at least six months following their return to work, except in certain defined circumstances. The government is consulting on:

• whether the existing fair reasons for dismissal should be narrowed or replaced; and
• whether a tailored test should be introduced to assess the fairness of dismissal in these cases.

The aim of this reform is to reduce discrimination and promote equality in the workplace. The consultation concludes on 15 January 2026.

Day one bereavement leave

The final consultation announced introduces a new statutory right to unpaid bereavement leave from the first day of employment. This includes leave for pregnancy loss before 24 weeks. The consultation seeks views on:

• eligibility criteria and scope of the entitlement; and
• timing, notice requirements, and acceptable forms of evidence.

The government is seeking views from relevant stakeholders, in particular those with insights into such a sensitive topic, including charities, individuals with lived experience and employers. This consultation also concludes on 15 January 2026.

Looking ahead

Despite Tuesday's setback for the government, it remains committed to delivering the Employment Rights Bill, and we can expect to see it return to the House of Commons as soon as parliamentary time allows. Parliamentary convention means that it is also more likely than not that the House of Lords will eventually accept the bill in its current form.

Preparations for the bill continue and, in addition to the current consultations, the roadmap published in July this year indicates a number of other consultations should be launched this autumn, including on unfair dismissal rights, regulation of umbrella companies, reforms to zero hours contracts and further trade union measures. Employers should review internal policies in anticipation of the legislative changes, and may wish to consider responding to the consultations to help shape the reforms

We will keep you updated on the latest developments. In the meantime, for more information on how these issues might affect your organisation, please contact Paul Mander or your usual Penningtons Manches Cooper contact. For further details on the consultations and details of how to respond, visit:

Make Work Pay: trade union right of access - GOV.UK

Make Work Pay: duty to inform workers of right to join a union - GOV.UK

Make Work Pay: enhanced dismissal protections for pregnant women and new mothers - GOV.UK

Make Work Pay: leave for bereavement including pregnancy loss - GOV.UK

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